May 11, 2018

Installation of air conditioner on patio was an alteration of common property requiring strata corporation’s approval

In Allwest International Equipment Sales Co Ltd v The Owners, Strata Plan LMS4591, 2018 BCCA 187, the BC Court of Appeal dismissed an appeal from a decision of a chambers judge, holding that a strata-lot owner had breached a strata corporation’s bylaws in installing an air conditioner without the consent Read more…

May 8, 2018

Spotlight on strata governance: Should the Strata Property Act provide default rules of order for general meetings?

BCLI is running a public consultation on governance issues for stratas. It is asking for public input into its proposed changes to the Strata Property Act, Strata Property Regulation, and Schedule of Standard Bylaws. For information on how to participate in the consultation please visit the Strata Property Law Project—Phase Read more…

April 27, 2018

BC Court of Appeal allows strata-lot owners’ appeal, sets aside arbitration award due to reasonable apprehension of bias

Hunt v The Owners, Strata Plan LMS 2556, 2018 BCCA 159, is the latest chapter in a long-running dispute that arose from a miscommunication over approval to install an air-conditioning unit on a limited-common-property balcony. Even though that miscommunication was corrected (there was no approval and, so, the HVAC unit Read more…

April 26, 2018

CRT Roundup—bylaw enforcement, pets, smoking, short-term accommodation, and more

This post is part of a monthly series summarizing the Civil Resolution Tribunal’s strata-property decisions. There have been 18 new decisions since the last post. Bylaws—enforcement—discretion—conflict of interest In Curtain v The Owners, Strata Plan VIS 4673, 2018 BCCRT 100, the applicant strata-lot owner claimed that “the strata refuses to enforce its Read more…

April 12, 2018

BC Supreme Court confirms Richmond strata’s winding-up resolution

Re Strata Plan NWS837, 2018 BCSC 564, is the latest in a stream of cases on terminating a strata property under the Strata Property Act’s new winding-up provisions. The case involved a strata “known informally as ‘Ascott Wynde,’ ” consisting of “102 strata lots and associated common property, which are contained primarily in two Read more…